Notice prerequisite to defense
- • timing
(1) A youth may not introduce evidence on the issue of the defense set forth in ORS 419C.522 (Mental disease or defect as affirmative defense) unless the youth gives notice of intent to do so in the manner provided in subsection (2) of this section.
(2) A youth who is required under subsection (1) of this section to give notice must do so by filing a written notice of intent. A youth who is not in detention must file the notice of intent no later than 60 days after the petition is filed unless the court finds good cause to extend the time. If the youth fails to file notice timely, the youth may not introduce evidence for the establishment of the defense set forth in ORS 419C.522 (Mental disease or defect as affirmative defense) unless the court permits the evidence to be introduced when just cause for failure to file the notice is shown.
(3) Just cause for failure to file notice timely exists if the youth was not represented by counsel until after the filing period.
(4) The filing of a notice of intent under this section by a youth in detention constitutes express consent of the youth for continued detention under ORS 419C.150 (Time limitations on detention). [2005 c.843 §5]
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information